Does the value of a 529 plan need to be reported on the New Jersey state inheritance tax filing?
That was the question asked in nj.com’s recent article, “Does a 529 plan become part of someone's estate? Is inheritance tax due?”
A 529 plan is an investment account created pursuant to Section 529 of the Internal Revenue Code and state law. At first, 529 plans were a popular way for families to put away funds for college or other post-secondary educational expenses. The recent 2017 Tax Act has now broadened the plans’ scope to include saving for elementary and high school education.
The short answer is no, 529 plan earnings need not be reported on taxes. These plans are exempt from income tax, if they’re used for qualified education expenses. This includes tuition, fees, books, supplies, equipment, along with room and board at eligible institutions.
Any distributions for anything other than qualified education expenses, will result in the earnings being taxed to the recipient with a 10% penalty.
A contribution to a 529 plan is deemed to be a gift by the contributor to the beneficiary, despite the fact that the custodian on the account can withdraw the funds in the account, subject to tax consequences.
The custodian may also transfer all or some of an account to another beneficiary without tax consequences, but that subsequent designated beneficiary must be a member of the prior beneficiary's extended family, as defined in the Tax Code.
As far as estate taxes are concerned, an interest in a 529 plan typically isn’t included in a decedent's gross estate for federal estate tax purposes.
However, there are some exceptions to this rule.
In addition, an interest in a 529 plan may be subject to any state inheritance tax. For example, in New Jersey, the general rule is that the plan is subject to state inheritance tax, unless the relationship between the owner/custodian and the beneficiary is very close—only Class A, which includes grandparents, parents, spouses, descendants or stepchildren.
Speak with an attorney to understand how inheritance tax works in your state. Call Rowley Law to schedule an appointment today, 847-490-5330.
Reference: nj.com (October 19, 2018) “Does a 529 plan become part of someone's estate? Is inheritance tax due?”